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tv   [untitled]    July 19, 2012 5:30pm-6:00pm PDT

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talking to me and i think is why he grabbed my arm and i think that is well, obviously, i'm here because and theo cannot see his father, is a disaster for our family. i cannot even touch my husband. is a disaster. >> i'd like to ask my question. >> you asked me if that fear has horrible consequences. yes, this is a disaster. >> i asked you if that irrational fear on the part of your husband of losing you and theo have negative consequences for your family. did it or did it not? >> we are apart, that is horrible. >> before december 31, did it have negative consequences for your husband's behavior toward you? >> no. >> your husband's behavior toward you before december 31 was acceptable to you? >> yes. >> you had no complaints about his behavior toward you before
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december 31? >> objection, relevance. >>. chairperson hur: sustained. >> in this research that your husband was doing on january 1 about possible resources to go to, were there any names he suggested to you? >> no. >> now, your husband took you on a trip to monterey on january 2 and 3. >> yes. >> and as of january 2, did you understand that you were in an abusive relationship with your husband? >> i'm sorry. >> can you repeat that question, please? chairperson hur: ms. cani, i appreciate that you need to be here but that's not acceptable. >> the problem is, your honor,
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that shepwas -- shep was distracted. chairperson hur: i don't want to hear it. can we have the question read back, please? [court reporter read back the question. >> that assumes facts not in evidence. chairperson hur: ask a foundational question, that's sustained. >> as of january 2, did you feel you were in an abusive relationship with your husband? >> of course, no. >> as of january 2, did you understand that your husband's behavior was a serious problem for you and theo? >> no. >> you and ivory madison sent
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several emails back and forth to each other during that trip to monterey january 2 and 3, is that correct? >> yes. >> i'd like to show you exhibit 50 and i have a copy so you don't have to flip to it. >> thank you. >> ms. lopez, exhibit 50 is a four-page exhibit. the first page is a response to an email that you wrote and then the next three pages show the full email that ms. madison wrote to you. >> yes. >> and so if you look at the -- if you turn past the first page to the second page, you'll see
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the beginning of a longer email from ms. madison to you dated monday, january 2, 2012, at 10:59 a.m. do you see in a. >> in that? >> yes. >> and you received that email from ms. madison while you were in monterey? >> yes. >> and you r email? >> yes. >> and the response to that email is the first page of exhibit 50. you see that, that's an email you sent january 2, 2012, at 11:18 a.m. >> yes. >> ok. now, what's the first line of the email that you wrote to ivory madison? >> i am agreed with everything. >> and by that you meant you agreed with everything she wrote to you? >> do you want to explain what i mean with that? >> you wrote i am agree with
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everything. do you mean you agree. >> yes, in her email. she said. >> ms. lopez, i haven't finished my question. as of january 2, when you wrote this, did you agree with everything that she wrote to you? >> she said in her email, you have to call -- i don't remember which line it is, but i know that she said that you have to call the police to just say theo had run into -- i think she took that run outside from this email -- just stay still and run into a neighbor's house or down the street and lock yourself in the car or in the same room with him even if he's calmed down, whatever is needed. every time there is an incident.
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>> ms. lopez, you may have misunderstood my question. i only asked you if when you wrote in on january 2 you were saying you agreed with everything. >> i was agreed if that happened, i agree, i have to call the police. that was that i wrote i am agree with everything, of course, if this happen, i have to call the police. that means i am agreed with everything. >> ok. now, you -- in this email that you wrote back to ivory madison on january 2, did you tell her to stop contacting people to look for help for you? >> oh, no. i said she was not using my name. she told me everything was confidential. >> now, you were aware -- as of
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january 2, you were aware that the situation with your husband was serious? >> objection, vague. chairperson hur: , ms. lopez, do you understand the question? >> can you repeat the question? chairperson hur: sustained. >> did you -- in the email that ivory madison sent to you, she said that your situation was serious. >> there's no question pending. chairperson hur: that's not a question. >> ms. lopez, did you understand that the email to include ivory madison advising you that your situation was serious? >> yes, she sent me this email
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on january 2, yes. so -- but that was not our conversation on january 1. >> i understand. >> ok. >> now, in this email, ivory madison advised you to call the police every time that -- that there was improper behavior by your husband toward you. >> if she advised me that? >> yes, how did you interpret this email? what advice did she give to you regarding calling the police in response to your husband's behavior? >> yes, i think on january 2, after she talk with so many people about this case, she change to now start to telling me, i think she start the plan to convince me to call the police in this email is the first step. >> so in this email, ivory
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madison is advising you to call the police in response to your husband's behavior? >> in this email, january 2, after she talk with so many people, yes. >> ok. >> that was not our conversation on january 1. >> there's no question pending. >> i was think finishing my ans. >> as of january 2, you realized that your husband was controlling and withholding about money? >> objection, relevance. chairperson hur: counsel, what's the relevance of this? >> it goes to the power and control issues that are referenced in ms. lemon's declaration. chairperson hur: i think we sustained most of these objections to these facts from madison and mertens. i'm inclined to sustain the objection. is there any opposing view from
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the commissioners? sustained. >> now, there's another email that you sent to ivory madison while you were on your trip on january 3, it's exhibit 51. i have a copy for you. >> it's not this one. >> it's not that one. >> ok, i'm sorry. thank you. >> now, ms. lopez, is exhibit 51 an email that you sent to ms. madison on january 3 at 2:45 p.m.? >> yes. >> ok.
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and one of the things that you mention in the email is that the aquarium was so nice and ross fed us regularly without complaint. >> yes. >> why did you write to ms. madison that ross fed you regularly without complaint? >> objection, relevance. chairperson hur: i'll allow that question. overruled. >> every person has been working with ross, knows that ross just take coffee in the morning and work until late and can be working for hours without to eat and he never stop for eat, and i'm completely different. i have to have -- i need to have breakfast, snack, lunch, a snack, and dinner, as theo, and for him in the beginning was
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very hard. like i told him, if you are just going to take coffee, anyway you have to sit down, not with a computer, and sit down in the chair and have breakfast with us. and if you are home, even if you don't want to eat, please sit down and have lunch with us as a family. that is family. i know he grew up without that kind of -- but that is not my case and i want to teach theo that case so if we are traveling, i'm not in my kitchen so i cannot run to the kitchen and pick the things that i want so i told him, ok, we are going to monterey, but you know that how i am and theo so we are going to stop every two hours and we have to eat. and he did and actually he enjoy it. >> and that made you happy, as well? >> absolutely.
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>> it was unusual enough for you to mention to ms. madison. >> after the campaign, that he was just working like 30 hours per day, i think it was great. >> it says without complaint at the end, i assume you meant without complaint. >> because he always want to do something else instead to eat. >> so he would sometimes complain when you insisted on eating? >> yes, he prefer to keep walking or playing instead to go to eat. >> in fact you told ivory madison that your husband regularly insisted that he control the food you and theo ate in your household. >> objection, relevance. >> when you got back to san francisco on january 3, did your husband leave the house? i'm sorry, let me rephrase that question.
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on january 3, you returned from monterey to san francisco? >> yes. >> about what time of day did you get back to your home? >> let me see if i make -- if i go for theo. yes, think for dinner time, maybe around 6:00, 7:00. i don't know. >> and did your husband go out that evening? >> yes, i think he has a meeting. >> and about what time did he leave your home? >> immediately, we just arrive and i remember he was a little late for his meeting. >> what time did your husband return that night of the 3rd? >> i do not remember. >> you went over to ivory madison's house on the morning of january 4? >> if i went to see ivory on january 4?
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yes. >> ok. and as of january 4, did you have some concerns about what would happen if you were to call the police regarding what your husband did on december 31? >> to call the police was never my idea. i was not thinking to calling the police. >> i asked you a little different question. the question is, did you have concerns about what would happen if you called the police? >> how i already said to call the police was not my idea. i was not thinking of that and call the police so i couldn't be thinking what could happen if i call the police. >> did that issue come up in your conversation with ms. madison on january 4, calling the police? >> of course, that was -- is why she was calling me. her plan was to convince me to call the police and she brought
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all these new plans about the police. >> i move to strike as nonresponsive and speculative. >> repeat your question. chairperson hur: can i have the question back, please? [the court reporter read the question back] chairperson hur: and the answer, too? [the court reporter read the answer back] chairperson hur: strike everything after "of course." >> now, as of january 4, did you have any knowledge about what happens in the state of california in somebody calls the police about a domestic violence incident? >> no. >> and did ms. madison offer to try to find out for you what would happen if somebody were to call in a domestic violence complaint to the police?
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>> when she brought the idea to call the police and was not my idea, i was asking questions like, why, what could happen, of course, yes, i was asking questions. but your question was? >> did ms. madison. >> did she offer? yes, the answer is yes. >> thank you. >> i want to finish -- yes, she offered to help me and she offered to looking for all the information as a lawyer. >> ok. >> i finish. >> now, in your declaration, you
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describe a conversation with ivory madison in which she comes up with a plan to have phil bronstein call the chief of police and district attorney to have a meeting at her house. >> yes. >> and one of the things you write in your declaration and by the way, would you like to have a copy of your declaration right now? >> this is the portion they objected to and we agreed to accept the objection. chairperson hur: is that true, mr. keith? >> yes, paragraph 12, line. >> not the next part i'm going to ask about. >> lines 10 through 12 and they objected and we accepted the objection. chairperson hur: i thought paragraph 12 was stricken completely. >> i'm giving her her declaration to ask about paragraph 13, a portion that was not stricken.
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chairperson hur: i think you can show her her declaration. is there an objection to showing her the declaration? >> no. >> i just want to the make it available so the witness has it. chairperson hur: that's fine. >> so, in paragraph 13 of your declaration, you wrote, and this is in reference to the january 4 conversation, "i asked ivory questions trying to show her that her plan was maybe good for a comic book but not for real life." do you see that? >> yes. >> on january 4, did you actually reference a comic book?
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>> yes, and also i said a movie. i said, comic book and i said this is not a movie, because she was offering, you can move here, i have friends that they have rich friends, they have empty house and they will love to let you live there, and you remember clearly saying, ok, that's good for a comic book or for a movie but i'm not going to put myself or theo in that situation. >> now, you were at ms. madison's home for about an hour on the morning of january 4. >> uh-huh, yes. >> and during the time that you were at ms. madison's home on the morning of the 4th, did your phone ring, your cell phone? >> yes. >> and was it a call from your husband? >> yes. >> and did you answer that call?
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>> no. >> did he leave a voice mail message? >> i don't remember. >> now. >> maybe he did. he always leave messages. >> ok. do you remember whether he left a message for you that morning? >> where are you? hi, dear, where are you? something like that. >> ms. lopez, i want to step back and make sure that -- i don't want to know what your husband usually -- whether he usually leaves. >> i'm sure that message was, hi, sweetheart, where are you? >> do you recall for a fact that the message your husband left for you on the morning of january 4 was "hi, sweetheart, how are you?" >> yes, because this is how we call each other. we always say, hi, dear. >> so you're positive that was the content of the voice mail message he left you? >> yes.
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>> now, you were here -- let me step back for a moment. you watched the testimony that linnette peralta haynes gave last night from a different room, is that correct? >> part of that, part of that. >> about what time did you start watching miscellaneous peralta peraltaa -- ms. peralta haines testimony last night? >> we came to that room. we were trying to connect, maybe that took 20 minutes, then we were like talking and then that took another 10 minutes and then i went down maybe 5:30. she start to testify at 5:00, right? >> i just want to know your recollection, ms. lopez, of when you started. >> when everything start. >> i just want to know your
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recollection of what time you started watching ms. peralta haynes' testimony? >> i don't know. >> how long did you watch her testimony? >> until the break. >> did you watch her testimony after the break? >> i come back downstairs at some point and maybe i saw the final part, and just before the commissioners, i couldn't hear the commissioners asking the questions. >> did anybody describe to you the content of ms. peralta haynes' testimony? >> describe the content? >> yes. >> i read her declaration online. >> i mean, her testimony before the commission last night, did anybody tell you about it? did anybody tell you what she said? >> no, i was trying to looking for that but in my ipad, i cannot see it. >> ok. now, there's an exhibit that's already in the record and i'm
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not going to ask you to look at it. it shows three text messages that you sent to linnette peralta haynes at 10:55 and 10:56 a.m. on the morning of january 4. do you still have those text messages on your phone? >> no. >> when did you -- do you still have the phone that you had at that time? >> no. >> ok. did you get a new phone? >> yes. >> about when did you do that? >> i think it's each year you can with at&t, you can upgrade your cell phone. and i think that happened exactly in january and i upgrade my cell phone because if you don't do that, you have to wait another year. >> so you got a new phone in january? >> yes. well, i'm not sure was january or february. >> did you hear how linnette peralta haynes -- did you hear linnette peralta haynes' testimony last night about what
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those text messages said? >> the first three ones, are you talking about the first three ones? yes. >> ok. what were those text messages about that you sent to linnette peralta haynes? >> i do not remember exactly but after ivory told me all this about you can accuse him of domestic violence, that was phil brownstein did with sharon stone so he got the custody and she brought all this about the police and she also brought this person, she want to bring all this persons at her home and i was asking all that questions and she she was repeating you have to accuse him of domestic violence. >> ms. lopez, i'm going to have
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to stop you now. >> is why i called her. >> i know it's traditional to wait until the witness finishes answering to move to strike but i don't want to take all night to do this. chairperson hur: let's hold on one second. can i have the question back, please? [the court reporter read the question back] chairperson hur: overruled, counsel. you asked for this. >> you can continue, ms. lopez. >> so she brought all this new whole world about domestic violence that i do not have idea about and she brought all this new world about to call the police and she brought all this new world about accusing ross of domestic violence, so that is the right way, so, to get custody. she was giving me legal advice how to get custody of theo.
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so the only person i know is domestic violence advocate is linnette, so i told ivory -- i actually was trying to leave ivory's home for maybe half an hour but she was -- we have to do it, we have do it, we have to do it. the only way i could escape from her house was say, ok, i have to call my dad, really. i have an appointment, i have to call him and when i came back home, i call linnit and i said, what do you think about this? first, i call her first, she didn't answer. so i text her, this is the situation, this happened, i have a person telling me this, i want your opinion about this. >> had you ever spoken to linnette peralta haynes before this date about the details of your marriage with your husband? >> no, never.
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>> and then you had a call with linnette peralta haynes a little later that morning around 11:18, do you recall that? >> yes. >> and what did you talk about in that call with ms. peralta haynes? >> i told her i was talking with my lawyer and her plan was accuse ross of domestic violence, and i want to hear from her if she considered this domestic violence, and my principal concern was about if we end in a divorce, i will gain custody. it's not that i will gain custody, it's just that i don't want to allows theo. i don't want someone kicking me out of the country and take my son.
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as thousands of latin americans have gone through in these years and that was my principal concern and i call and i talk with her about that. also i remember she said we have a case now of an immigrant that she doesn't have any papers and they are in a dispute and she brought all this information, i was asking for information. >> from linnette peralta haynes? >> yes. >> and did you tell linnette peralta haynes about -- or did you discuss calling the police with her? >> no. i told her that my lawyer want to do that and she wants to accuse ross of domestic violence, and i want to hear her >>inion about that.